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Commenters argued that courts do not impose cross-examination as a owing procedure requirement where by the legislature has not granted subpoena power to an administrative body because to do so would allow for the administrative body to act in a way opposite to its enabling statute, and general public universities do not have subpoena energy hence, commenters argued, the college simply cannot be foreclosed from relying on hearsay testimony of absent witnesses. The commenters instructed that in its place of the proposed 3-year period of time of retention, the Department rather require that these information be maintained for a period of time of 7 many years which is the interval of retention expected under the Clery Act. These commenters suggested that recipients not be needed to give events discover of allegations until eventually the college has resolved to progress with formal prices. Many commenters asserted that the notice-and-remark rulemaking approach is crucial for gathering educated feed-back from all stakeholders and strengthening the rule of regulation, and leads to lawful clarity and certainty for institutions and college students. While we are sensitive to recipients' worries regarding burden, price, and potential, the Department believes that the expected process in § 106.45(b)(5)(vii) does not existing onerous demands on recipients. The gains of a total, reasonable investigation will continue on to be an essential element of the § 106.45 grievance procedure.